著者
黒田 展之
出版者
関西学院大学
雑誌
法と政治 (ISSN:02880709)
巻号頁・発行日
vol.53, no.2, pp.339-387, 2002-06
著者
高島 千代
出版者
関西学院大学
雑誌
法と政治 (ISSN:02880709)
巻号頁・発行日
vol.52, no.4, pp.1045-1086, 2001-12

Chichibu-jiken is the uprising of the farmers in debt, which happened at Chichibu District (Saitama Prefecture), the year of 1884. Almost three thousand of these farmers demanded putting off their debt of lenders, reducing taxes and three years' school closing against both local and central government. They formed an army-like organization, destroyed the houses of lenders who had taken high interests from the farmers, and then fought with the army of Meiji government. The studies for Chichibu-jiken, so far, have centered on the points related to the side of participants of the uprising. Therefore, at the present, studies for another side of Chichibu-jiken are required. In this paper, to cover the lacking, I intend to examine the acts to protect communities from the 'revolt' in Chichibu, and explain the meaning and the logic of the acts.
著者
北山 俊哉 Toshiya Kitayama
雑誌
法と政治 (ISSN:02880709)
巻号頁・発行日
vol.66, no.1, pp.59-89, 2015-05-30
著者
吉川 仁
出版者
関西学院大学
雑誌
法と政治 (ISSN:02880709)
巻号頁・発行日
vol.47, no.1, pp.287-320, 1996-03

In Mabo v. Queensland of 3 June 1992,the High Court of Australia handed down a decision of great import to the future of Aboriginal land rights in Australia. In a six to one majority, the Court held that the Meriam people of the Murray Islands retained a native title to their land which was not extinguished by the annexation of the Islands to the colony of Queensland in 1879,nor by subsequent legislation. In reaching this decision the High Court rejected the concept of terra nullius (land belonging to no one) that has been long-established and accepted in cases before the Mabo decision. It is my opinion that Mabo decision has significant relevance to the issue of the land rights of the Ainu people in Japan. So, in this article I summarize the Mabo decision and make comments concerning especially the doctrine of terra nullius, the extinguishment of native title and the need for compensation based on wrongful extinguishment of the title in the decision.
著者
岡 俊孝
出版者
関西学院大学
雑誌
法と政治 (ISSN:02880709)
巻号頁・発行日
vol.40, no.4, pp.841-885, 1989-12-20

Few studies have been made of the foreign policy of the Japanese Empire toward Italy and Ethiopia during the Italo-Ethiopian conflict which moved Benito Mussolini to the fateful conquest of Ethiopia in October 1935. This study is a reexamination of Japan's diplomacy toward Italy and Ethiopia as well as the latters' reactions thereto prior to the beginning of the Italo-Ethiopian war. The author's paper consists of following sections : I. Introduction. II. Italian-Japanese Relations before the Italo-Ethiopian Conflict. III. Ethiopia and Japan. IV. Ambassador Sugimura's Remarks and their Repercussions. V. The Mediterranean Crisis and Italo-Japanese Relations. VI. Conclusion.
著者
村西 義一
出版者
関西学院大学
雑誌
法と政治 (ISSN:02880709)
巻号頁・発行日
vol.33, no.2, pp.217-235, 1982-10-30

The main purpose of this paper is to make a juristic approach to the relations between "the symbolic position of the Emperor and his acts in matters of state" prescribed by the Constitution of Japan. To do this, I will clarify, first of all, the concept of "symbol." And I will divide it into two aspects, natural and normative, and consider each aspect in connection with the ideas of expression, representative, deputy and organ. Then, based on these understandings, I will elucidate about the symbolism of the Emperor the relations between "the symbol of the State" and "the symbol of the unity of the people." Lastly, I will investigate into the relations between the factors constituting the symbol-the position, functions and powers of the Emperor-and his acts in matters of state.
著者
ウド ヤンソン 平松 毅
出版者
関西学院大学
雑誌
法と政治 (ISSN:02880709)
巻号頁・発行日
vol.50, no.2, pp.461-472, 1999-06-30
著者
前野 育三
出版者
関西学院大学
雑誌
法と政治 (ISSN:02880709)
巻号頁・発行日
vol.41, no.4, pp.707-741, 1990-12-20

1. The daily life of citizens and the police 1) Public peace-its two aspects The duty of the police is to maintain the safety of the life, body and property of people. This is called "chian (public-peace)" in Japanese. The Japanese word "chian" is used in two meanings. A first is the safety of citizens' life. A second is to preserve a political order that the governing classes request. Activities of the police are concerned in both the sides, as the word "chian" has two meanings mentioned above. The police has so big an authority and equipment that democratic control is important. 2) Characteristics of the Japanese police Many people point out that the Japanese police conciders it important to stick to citizens, and esteem service activities to a citizen as characteristics of the Japanese police. Activities of police box (koban) in Japan are pointed out as significant by Walter L. Ames and David H. Bayley. But the esteem of the service activities is the only one side of the Japanese police. It has a political character in another side. 3) The police as a power organization We can not imagine a modern society without police. It is expected that the police system expands still more. The expansion of the police system easily invites the expansion of abuse of the police power. It will be adequate to distinguish the abuse of the power in the process of the legitimate police activity and the political police activity. 2. The abuse of the police power 1) Juvenile police The Juvenile law has a policy to restrain the police power to the minimum. However, juvenile police activities are spreading to the wide range of juvenile "protection", today. And they produce numerous human right infringement cases in the process of the "protection" on one hand and the investigation on the other hand. 2) Traffic police It is the traffic police division that has the closest relation with citizens. It gives rise to many cases where an ordinary nonpolitical citizen has antipathy to the police. 3) Detective police The four cases that changed from capital punishment sentence to acquittal with a review continued. They showed that a innocent person could be convicted to a capital punishment. It is obvious that courts are finally responsable for these error convictions. But the original cause is found in a process of an investigation on the part of police. Illegalities and defects of an investigation bring forth error conviction. Especially an evil of an overestimating a confession in investigation must be pointed out. It is admitted in Japan that a police detention cell is a substitute for a jail. It is a hotbed of false confessions. 4) Self-righteous attitude of the police We observed infringements of human rights by police in various aspects. The biggest problem is the self-righteous attitude of the police whose infringements are pointed out. The police protects a policeman who infringes human rights and it does not accept criticism from the outside. It is even hostile to a citizen that protests against the infringement. Such an attitude of the police is generated from the lack of respect for human right and citizen sense. The insufficiency of the inspection within the police organization encourages it. And the fact that the police is an especially powerful organization makes it possible. 3. Political police "Public safety" is easily changed to the maintenance of a political profit of a particular governing class. The political police can not be restricted to activities of one division. The political police watches out for the political activities including meeting/association of citizens. Such activities can not be justified under the Constitution that secures people sovereignty principle and a basic human right. A watchout activity of the political police is mainly directed to a labor union and a reformist party. The Japanese police as a whole has a trait peculiar to the political police. 4. Emphasis on the community relations The emphasis on the commun